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Tag: Lawyers

  • Debate on Amotekun’s legality: Compendium of lawyers views

    Debate on Amotekun’s legality: Compendium of lawyers views

    In the past week, Amotekun, the security initiative by Ekiti, Ogun, Ondo, Oyo, Osun and Lagos, states that originated from the defunct Western Region, generated lots of controversies that propped up several topical issues that dominated the national discourse space in Nigeria.

    The Amotekun debate was immediately triggered when the attorney general of the federation, Abubakar Malami, asserted that the setting up of the initiative is illegal, citing specifically that by virtue of item 45 of the second schedule of the 1999 Constitution, as amended, policing and other government security services are on the exclusive list.

    This development, expectedly, did not go down well with many Nigerians and has been a subject of hot debate. Therefore, in this unsolicited but imperative legal opinion, efforts would be made to dissect the legal position of the Federal Government on Amotekun and other ancillary matters arising therefrom.

    While the initiative majorly got praised in the Southern part of Nigeria it has also attracted condemnation from some sections of the country, especially some leaders in the North, who say such arrangement was unconstitutional in a federal state and called for its scraping.

    In this report, TheNewsGuru, (TNG), compiled the views gathered from some notable lawyers to help throw light on the furore over Amotekun’s legality or otherwise. TNG positioned the centre of its compilation to answer the following fundamental questions on Amotekun: The security question and the federalism question.

    Aare Afe Babalola:

    In a statement titled, ‘No law prohibits the establishment of Amotekun,’ Babalola said, “The issue of Amotekun is an issue of public safety and protection of property. There is no law in Nigeria, which prevents citizens from being able to secure their life and property. The Nigeria Police does not enjoy exclusive jurisdiction when it comes to the protection of life and property. As a matter of fact, in many parts of Nigeria, various outfits such as Civilian JTF, Hisbah Police and vigilantes have been performing the duty of protecting life and property.”

    He added: “Given the provisions of the Criminal Code in Sections 272-275, the right of citizens to arrest any person for committing an offence is legal and may be exercised individually or communally. In any event, the regional community security outfit known as Amotekun cannot be set aside by oral pronouncement by the Attorney General or any other body. Only the court of law can declare the establishment illegal.”

    Kunle Edun, publicity secretary of the Nigerian Bar Association (NBA)

    “In civilised climes, security is everyone’s concern and not the exclusive responsibility of a particular organ of government.”
    He described Amotekun as a good and commendable initiative, noting: “Similar outfits exist in the north and they were reported to have assisted the Nigerian military to stem the tide of armed banditry and insurgent activities.”

    Edun said since the floaters of Amotekun have “promised to work with the official regular security apparatus for proper coordination and collaboration, what is needed now is collaboration and partnership on security between the southwest governors and the Federal Government.”

    Lagos based lawyer, David Fadile
    The Federal Government declaration of the Amotekun as being illegal is in order. There is no law to the best of my understanding which established this group of people known as the Amotekun nor regulate their activities within the South Western States. Society is governed by law and order. Assuming that this security groups misbehave today how do we check their excesses.

    In Lagos for instance, the activities of Lagos State Traffic Management members or groups otherwise known as LASTMA is regulated by the Lagos State Traffic Management Laws of Lagos 2015, same for Neighbourhood watch. Someone should tell me under which specific laws do Amotekun operate. I concede to the argument that the governor is the chief security officer of the state he/she governs but this constitutional provision is not at large. The 1999 constitution Section 214 stipulates that there shall be a police force for Nigeria, which shall be known as the Nigeria Police, and subject to the provision of these sections no other police force shall be established for the Federations or any part thereof. This is the extant law except and until the various Legislative Houses of the South West States legislate Amotekun into existence; their functions remain that of the Nigerian Police.

    Chairman, Presidential Advisory Committee against Corruption, PACAC, Prof. Itse Sagay

    “I am positively disposed towards it. I think it is a good beginning not to depend completely on the Federal Government for our security.
    “We should begin to rely more and more on ourselves so that those who feel the pain are those who try to take control of the security situation.
    “We know that the Police are few; they are stretched; we have about 250,000 policemen in a country of almost 200 million. So, I think these regional security institutions are necessary.
    “I believe the police should cooperate with them and help with their training. And I believe eventually, they should even be armed so that we can have a lot more hands and local people involved in security.
    “Perhaps that can lead to other benefits, such as economic cooperation and wealth creation; and gradually, we’ll begin to regain what we lost when we lost the regions in the 60s. So, yes, I support it.
    “It’s not state police. I think the people who created it have been careful. Yes, there is a security outfit, but there is nothing in the Constitution that precludes either states or association of states from taking care of their security.
    “There is this popular saying that the governor is the chief security officer of a state. That’s not an empty statement.
    “They get a lot of money for security, and I look at this as part of the responsibility of the governors acting jointly to provide greater security in the Southwest.”

    Femi Falana (SAN)
    No doubt, section 214 of the Constitution stipulates that there shall be only one police force in Nigeria. But the federal government has breached the Constitution by setting up other police forces. For instance, the Nigerian Security and Defence Corps is another police force established by law. The State Security Service is also a police force established by law. Its operatives are well-armed. They wear masks even in broad daylight. The federal government has also authorised the officials of the Economic and Financial Crimes Commission, the Independent Corrupt Practices and Offences Commission, Nigeria Customs Service, Nigeria Correctional Service and other paramilitary agencies to bear arms. To that extent, the federal government cannot stop any state from setting a security outfit. In fact, having lost control of the monopoly of violence to armed gangs in the various parts of the country the federal government lacks the legal, political and moral right to challenge security outfits set up by state governments and individuals to protect the lives and property of the people of Nigeria.
    It is pertinent to point out that as chief security officers in the respective states, governors have the power to adopt measures deemed fit within the ambit of the law to ensure the maintenance of law and order.

    Chief Bolaji Ayorinde (SAN)
    The Attorney General does not have the power to declare Amotekun illegal. He advised Malami to go to court if he feels strongly about the matter.
    “I see no controversy about this matter. Do I need court pronouncement to engage private security guards and provide them with vehicles and uniforms? There is nothing strange in what the southwest governors did. They can see Malami’s comment as his opinion and not the position of the law, which only the court can interpret.”

    Barr Osigwe Momoh

    The security of lives and property is the principal objective of the state as copiously provided for in Section 14 of the constitution, the function is vested in the states and federal government and by implication, the president and governors of each state.

    However to avoid friction and executive overlaps the constitution has provided and empowered each unit of government each being limited and restricted to the 2nd schedule of the constitution.

    Part one of the 2nd schedule deals with the exclusive list excludes the state government from matters relating to police and military – that being the case, although no budget can be created for this organisation, nothing stops the governor in line with Section 14 of the constitution to empower citizens and organise them in a bid to stem out crimes

    Barr Gloria Ballason

    Amotekun is a creation of the South-West Governors to tackle Kidnapping and other criminal activities.

    The incidents of kidnapping and killings on farms and rural areas by persons often identified as Extremist Fulani herdsmen have particularly become worrisome.

    Curiously, while the International community through the Global Terrorism Index (GTI) has noted its notoriety as the fourth terrorist group in the world with Boko Haram as second, the Nigerian government has not recognized herdsmen Extremism as a terrorist group.

    That in itself is problematic especially in the light of the mind boggling casualties that this group has created in the Middle Belt & South West. It should be a welcome development that the South-West Governors as chief security officers of their states have taken a coordinated action to protect the territory of their influence more so as there is Civilian Joint Task Force in the North-East.

    The Attorney General of the Federation through his declaration of Amotekun as an illegal outfit clearly believes that the South-West Governors have usurped the defence item on the exclusive legislative list.

    I will argue to the contrary more so as the AGF and the Federal Government make no commitment to secure the people from the menace of kidnapping. The AGF can go to court so we can test the legitimacy of Amotekun.

  • BREAKING: Lawyers’ quarrel over seats force judge to adjourn Naira Marley’s trial

    A Federal High Court in Lagos has abruptly adjourned the card fraud trial of musician, Azeez Fashola, popularly known as Naira Marley, following lawyers’ heated exchange over space to sit.

    The argument was between Economic and Financial Crimes Commission (EFCC) counsel, Mr Rotimi Oyedepo, on the one hand; Marley’s counsel, Mr Olalekan Ojo, SAN; and two other senior lawyers on the other hand.

    Justice Nicholas Oweibo declined to make any order regarding the dispute but appealed to the lawyers to bear with the government over inadequate space in the courtroom.

    He then adjourned till December 11 and 12 for continuation of trial.

  • You must be investigated in spite stepping down, lawyers tell COZA Pastor

    The Coalition of Public Interests Lawyers and Advocates (COPA) on Monday urged Commonwealth of Zion Assembly (COZA) Pastor Biodun Fatoyinbo, to surrender himself for investigation having stepped down from the pulpit as senior pastor of the church.
    Fatoyinbo had been the subject of discussion since last week after Mrs Busola Dakolo, wife of inspiration singer Timi Dakolo, accused him of raping her when she was 17 years.
    He stepped down on Monday but still insisted that he had never raped anyone before, ‘not even as an unbeliever’. The allegation had elicited reactions from Nigerians, including those in the presidency.
    However, Mr Pelumi Olajengbesi, Convener of COPA, in a statement on Monday commended Fatoyinbo for stepping down as senior pastor in COZA but urged him to take it a step further by reporting to the police for investigation.
    “We at COPA are of the mind that while the above is a good way to start that, Mr Biodun Fatoyinbo must take a step further in the interest of addressing and assuaging public interest by reporting to the Nigeria Police Force voluntary, a truly neutral arbiter in this instance, to provide answers to public queries on the matter.
    “This is in view of making sure that the results of the investigations from both the church committee and the Police, being independent sources, would satisfactorily put to rest all sundry issues generated by the intense rape allegations hanging over him.
    “A man of clear conscience fears nothing and we hope that it would never come to the point where Mr Biodun Fatoyinbo is compelled beyond personal alacrity to do the needful and submit self to the Police for questioning.
    “Needless to say that his status as a popular man of God and the issue of betrayal of fiduciary trust, infidelity and the crime of rape makes it imperative that no room is left for doubt to exist on his innocence of the claims against him, he said in the statement.
    “Conversely, by voluntarily submitting himself to the Police for questioning, he makes a much needed statement in lieu of his claims to innocence.
    “It also affords the public the opportunity to pursue further actions where it is established that he may in fact have criminal issues to answer to or not.”
    Olajengbesi said that COPA would continue to monitor events as they unfold to ensure that no rights are abused, nor any process skewered to favour one party against the other in this matter.
    The COPA Convener while urging the pastor not to slack in establishing his innocence, noted that where justice must be done, it must be manifestly seen to be done.

  • Buhari threatens to sanction lawyers, bankers facilitating corrupt practices

    Buhari threatens to sanction lawyers, bankers facilitating corrupt practices

    President Muhammadu Buhari says his administration will ensure effective asset declaration by public office holders and ensure sanctions by professional bodies against lawyers, bankers, brokers, public officials, and other individuals facilitating corrupt practices.

    The president gave this assurance while speaking at the National Democracy Day Anti-Corruption Summit in Abuja on Tuesday.

    Buhari said the government would also close existing legislative loopholes, facilitate collaboration with the judiciary, and strengthen the criminal justice system for effective fight against corruption in the country.

    While ensuring comprehensive support and protection to whistleblowers, witnesses and victims of corruption, the president said his administration would adopt and formulate the policy of ‘naming and shaming’ all those who engage in corrupt practices.

    He, however, maintained that the Federal Government would continue to encourage and honour transparent and honest citizens.

    The president said the government would, “educate, mobilise and encourage Nigerians at the grassroots level to take ownership of the fight against corruption;

    “Press for a crackdown on safe havens for corrupt assets, abolishing of bank secrecy jurisdictions and tax havens on the continent and beyond.’’

    Buhari said that his administration would continue to insist on the unconditional return of looted assets kept abroad and further strengthening of international cooperation through information and mutual legal assistance.

    He pledged that government would also continue to strengthen the capacity of the Economic and Financial Crimes Commission and other anti-corruption agencies by providing additional material, organisational and logistical support.

    “Now, as this administration commences, we are taking stock of progress made so far in the war against corruption, assessing what needs to be done and devising new strategies to address existing challenges,’’ he said.

    According to the president, his administration remains committed to the fulfillment of its promises to Nigerians which included security, economic improvement and fight against corruption.

    The Guest Speaker at the event and former Director of Kenya’s Anti-Corruption Commission, Prof. Patrice Lumumba, lauded Nigeria’s strategies in fighting corruption, as he described the Nigeria’s EFCC as the best anti-corruption agency across the African continent.

    He said: “In 2015, president Buhari said ‘if we don’t kill corruption in this country, corruption will kill Nigeria’ and I can’t agree with him more; and it is not only true about Nigeria but true about Africa.

    “Almost every country in Africa has an agency that is charged with the fight against corruption but the EFCC stands out as the best in the continent because they have demonstrated by wide and deep that corruption can be tackled without sacred cows.

    “We have seen that they have recovered monies from individuals who in other countries they are seen as sacred cows and are untouchable.’’

    Earlier in his remarks, Acting Chairman of the EFCC, Ibrahim Magu, narrated the achievements of the commission in the last four years.

    According to him, the commission has achieved a lot in the fight against corruption, saying that the commission has so far secured 1,207 convictions.

    “The convictions secured by the commission since the beginning of this administration reflects a positive progression.

    “In 2015, we secured 103 convictions; in 2016 we secured 194; in 2017 we secured 189; in 2018 it was 312 convictions and from January 2019 to date, we have 406 convictions.

    “Despite these records, corruption remains a challenge in our country. I believe that the fight against corruption requires a deeper stakeholder approach. The private and public sectors are critical players in this regard,” he said.

    While thanking President Buhari for support and non-interference to the affairs of the commission, Magu also commended some state governments for establishing institutional mechanisms to fight corruption.

    The one-day summit later went into a plenary session, where papers were presented by renowned stakeholders and scholars on how to curb electoral violence and embezzlement of public funds.

    A communiqué is expected at the end of the summit.

  • Election Tribunal: Bauchi governor-elect engages 65 lawyers to defend mandate

    The Bauchi State Governor-elect, Sen. Bala Muhammed said he was optimistic that the petition of outgoing governor, Muhammed Abubakar, and the All Progressives Congress (APC), challenging his victory at the tribunal, would fail.

    Muhammed, who is of the Peoples’ Democratic Party (PDP), told newsmen in Bauchi on Saturday that no fewer than 65 lawyers, five of them Senior Advocates of Nigeria (SAN), would defend the mandate given to him by the people of the state.

    He however said that the decision of the APC to challenge his victory at the tribunal was a normal course of action backed by the Electoral Act.

    “We have not been served yet; once we are served and we see the details, we are going to respond.

    “We are also going to have our lawyers, about five Senior Advocates of Nigeria (SAN), 10 other senior lawyers and about 50 Bauchi indigenous lawyers of conscience.

    “They will see to it that the petition at tribunal is dead on arrival because of the endorsement of people of conscience from Bauchi State,” Muhammed said.

    He reiterated his pledge to conduct council polls in the state to enable the third tier of government operate independently.

    “My intention is to make local government councils independent and functional, just like in the past,” he said.

    Muhammed also promised that his administration would effectively engage the people of the state and make them useful, irrespective of their level of education

  • Alleged forgery: Two senior lawyers clash over N630m loan documents at reps sitting

    From Jonas Ike, Abuja
    Two senior lawyers that are solicitors to First Bank Nigeria Plc and Whiteplain British School Abuja Chief Bola Olotu Esq and Chief Mike Ozekohme SAN who represented both parties at the resumed sitting of the House of Representatives Committee on Public Petitions probing alleged forgery of N630 million loan documents disagreed and disparaged each other on the matter on Tuesday in Abuja.
    Whereas Ozekohme said that the owner of the land that sold it to the administrator of Whiteplain British School did’nt sign any document as alleged by the First Bank team, Olotu maintained that the matter is as good as dead because the court had made a pronouncment which should be obeyed by all parties to it.
    Ozekhohme said that the court judgement on the matter is being sidelined by parties in the dispute. He also said that the First Bank team had started erecting fences and other structures at the school premises in complete disregard to the court judgement on the matter.
    The legal luminary appealed to the House Committee to ensure that it resolves the dispute in such a way that the school which currently has student enrolment does not suffer or even closed down due to the dispute over loan used in building it.
    He hinted that it was Guarrantee Trust Bank Plc that initially provided the N11 milion that the administrator of the school requested before the bank approached the First Bank Plc for the disputed loan which the committee is probing.
    However, the Director of Land of of the FCT who spoke for Abuja Geographic Information System AGIS Mr.Rahman Jibrin Abdullahi said that the plot of land located at plot 321 Cadastral Zone Dakibiyu District Jahi Abuja was allocated to France Lee Nigeria Limited in 2013.
    He further told the committee that he is in possession of documents showing the list of directors of the company and that it was the company that sold it.
    A member of the Committee Hon. Simon Arabo who stood in for the Chairman Hon. Uzoma Nkem Abonta however directed all the parties in the dispute to photocopy all the requested documents on it and give them to the Committee Secretariat for proper scrutiny.

  • Onnoghen: Lawyers shun NBA boycott order, appear for normal businesses in court

    Lawyers at the Federal Capital Territory, Abuja shunned the directive by Nigerian Bar Association (NBA) for them to boycott the courts.

    Recall that the association called for the boycott at the end of its emergency National Executive Council meeting on Monday, which discussed the suspension of Walter Onnoghen as the Chief Justice of Nigeria.

    Mr Onnoghen was suspended in controversial circumstances by President Muhammadu Buhari on Friday.

    The suspension is deemed illegal and has drawn strong condemnations. The NBA ordered court boycott in protest, amid concerns over the violation of the independence of the judiciary.

    Visits to courts in Abuja on Tuesday revealed that fully robbed lawyers, turned up in court, ready to conduct businesses for the day.

    The situation was the same in the Supreme Court (located within the Three Arms Zone), through the Court of Appeal (located also in the Three Arms Zone), the Federal High Court (in Maitama) and the High Court of the Federal Capital Territory (FCT) in Maitam.

    Although most judges at the Federal High Court did not sit, with some said to be attending a seminar, Justices of the Supreme Court sat and conducted proceedings. So was the case in some High Court of the FCT visited.

    Some of the lawyers spoken to said the directive by the NBA lacked the force of law. And since it was not an order of court, lawyers could choose to abide by it or disregard it where their client’s interest is at stake.

    They argue that since the issue of the suspension of the CJN was already in court, the NBA and all other interested parties should allow the court reach a decision one way or the other.

  • Over 120 lawyers indicate interest to defend suspected killers of ‘missing general’

    Over 120 lawyers indicate interest to defend suspected killers of ‘missing general’

    Over 120 lawyers, including Senior Advocates of Nigeria, have expressed their interest in defending the 19 persons arrested in connection with the murder of a former Nigerian Army Chief of Administration, Gen. Mohammed Alkali.

    The revelation came as the accused filed their bail application on Wednesday before Justice Daniel Longji of a Plateau State High Court in Jos.

    Lawyer for the accused, Gyang Zi said the application was filed following the earlier arraignment of the accused on two counts to which they had all pleaded not guilty.

    Zi said, “Over 120 lawyers want to be part of the team to defend the accused. They are yet to be granted bail, but the bail application has just been filed. The accused have pleaded not guilty to the charges.”

    Spokesman for the Plateau State Police Command, Matthias Tyopev, a Deputy Superintendent of Police, had informed our correspondent that the suspects were arraigned on criminal conspiracy and culpable homicide counts.

    He said, “They were charged with two offences – criminal conspiracy under Section 97 and culpable homicide under Section 221 of the Penal Code Law of Northern Nigeria as applicable to Plateau State. They all took their pleas and pleaded not guilty. The case was adjourned till December 10 for argument on their bail application. The accused have been remanded in Jos prison.”

    Alkali was said to have retired a few weeks before he was declared missing on September 3, a day after gunmen invaded Dura-Du community in Jos South Local Government Area and killed no fewer than 13 persons.

    Three cars were said to have been recovered from a mining pond in Dura-Du District during a cordon and search operation by soldiers led by the Garrison Commander of 3 Armour Division, Rukuba Barracks in Jos, Brig-Gen. Umar Mohammed.

  • Osinbanjo laments dearth of advocacy lawyers in Nigeria

    Vice President Yemi Osinbajo on Saturday said that the Nigeria legal profession was falling behind on advocacy.

    Osinbanjo made the remark in Lagos at the SimonsCooper Advocacy Development (SCAD) Competition in Lagos.

    The News Agency of Nigeria (NAN) reports that the award, which is a biennial event, is sponsored by the SimmonsCoopers Partners, a law firm founded in 2006 by the VP, Babatunde Irukera, the current Director-General of the Consumer Protection Council and Mr Dapo Akinosun.

    The vice president said that for the Law profession in Nigeria to do better, there was need for seeing advocacy Lawyers.

    “Law and advocacy is the very firmament of democracy. We are falling far behind in advocacy. Out of every 10 Lawyers we have in Nigeria, We can only get two that are very good in advocacy.

    “In the past, most lawyers had a passion for advocacy. Although the legal profession has greatly improved in its overall quality, there is still need to encourage more Lawyers to take up advocacy,” Osinbajo said.

    He said that if the nation’s legal profession failed to do better, it would spell doom for the justice system and governance.

    He said that SCAD, through the advocacy awards, not only want to give out to society but also want to encourage upcoming lawyers in advocacy.

    “Law firms should not be all about profit. We must find ways of giving back to the profession and mentoring the young and upcoming ones,” he said.

  • Lawyers, Buhari And The Ruins Of Law, By Azu Ishiekwene

    Azu Ishiekwene

     

    Hundreds, if not thousands, of lawyers who converged on Abuja on Sunday for this year’s Bar conference may find themselves discussing something other than transition, transformation and sustainable institutions, which the Nigerian Bar Association (NBA) had previously advertised.

     

    In his opening address to the association, President Muhammadu Buhari said something that has left the Bar – and the Bench – chasing their tails. He told them that the rule of law must be subject to the supremacy of the nation’s security and national interest.

     

    In plain language, the rule of law takes second place when national security or interest is at stake. Alluding to the Supreme Court’s decision in Mujahid Asari Dokubo vs The Federal Government of Nigeria (2007), without citing the specific case law, Buhari said he was pleased that this position had been adopted and settled by the court.

     

    That is doubtful. The points at issue in the Dokubo case were bail which, no matter the gravity of the offence, is discretionary, and personal liberty, which is only a part of the rule of law. Dokubo had vowed to start a war against Nigeria and it was the opinion of the court that granting him bail would substantially increase the risk of carrying out his threat.

     

    In the case of Nnamdi Kanu, however, even though the IPOB leader made a similar threat, the court granted him bail on health grounds.

     

    But Buhari was not fishing in that pond on Sunday: he was mainly alluding to the cases of the Shiite leader, Ibrahim Elzakzaky and former National Security Adviser, Sambo Dasuki. In spite of multiple court orders, Buhari’s government has refused to release both men, who have been detained for years, on the excuse that they remain threats to national security.

     

    Yet, whatever their crimes may be, the public is not aware that either Elzakzaky or Dasuki is sworn to the overthrow of the government. So, what was the point in cherry-picking the Dokubo case?

     

    As Buhari approached the podium on Sunday, he probably sensed how ridiculous it was that his government that has repeatedly disobeyed court orders would conveniently cite a court judgment to justify its disobedience. He had also said on his return from his recent holiday in London, that he would jail corrupt people, stoking criticisms that he would use extra-legal means to crush his political opponents.

     

    He opened his speech by attacking first, as a form of defence. When Buhari said the rule of law was inferior to national security, the hall fluttered not in displeasing murmurs or fleeting exchange of curious glances; it erupted, instead, in a storm of applause for the president.

     

    From that point on, those who may have nursed the thought of pressing allegations that the administration’s war on corruption was “selective”, asking questions about the multiple violations of court orders, or flagging the charges of human rights abuses and violations of press freedom, were on the back foot.

     

    But keep in mind that this was not a meeting convened for fresh spies by fallen State Security Service chief, Lawal Daura, to justify the siege to the National Assembly, or a basic class for recruits on national interest and criminal sedition by Inspector General of Police, Ibrahim Idris, where you might expect nothing but total submission.

     

    It was a conference of the Bar association where you expect to see firebrands burning with near fanatical zeal to protect the rule of law (of which civil liberties are an essential part), without which any talk of national security does not make sense.

     

    Buhari had not even landed the punchline on the superiority of “national security” to “the rule of law” before the lawyers rolled over, wilfully forgetting – or suppressing – what happened just outside the door, before the conference was called to order.

     

    About three weeks before the Bar conference, former DSS DG, Daura, laid a siege to the National Assembly deploying armed and hooded security men. One version of the story said Daura claimed he ordered the invasion “in the national interest”, because he believed that “national security” was under threat.

     

    Apparently, the new Bar President, Paul Usoro (SAN), and the new executive members of the Association, were either too busy campaigning for election or were on a tour of Mars during the DSS siege.

     

    Before the Bar conference started on Sunday, IGP Idris had also given us his own definition of “national security” and “national interest”. The graduate of agriculture and law said leaking his memo to acting President Yemi Osinbajo on the siege to the National Assembly was “a threat to national security”.

     

    So, he pounced on PREMIUM TIMES, roughened up key editorial staff, dragged reporter Samuel Ogundipe into detention and froze his account. Why? A dated colonial law, called criminal sedition, says publication of the truth, convenient or not, is a threat to “national security.”

     

    The courts, which Buhari conveniently quoted to support his position on the “supremacy of national interest” over “the rule of law”, have repeatedly ruled that Elzakzaky and Dasuki should be released on bail, yet the rulings have fallen on deaf ears.

     

    In spite of Buhari’s best effort to adjust to his civilian dress, his martial instinct has barely changed. From time to time, the Buhari who promulgated Decrees 2 and 4, 34 years ago under a military government where he was accuser, judge and jailer, rears his head – just like it happened on Sunday.

     

    But that’s precisely why some of the brightest lawyers were there – to remind Buhari that it is not in his place – or in the place of any other arm of government, other than the courts – to decide what may or may not constitute a “threat to national security.”

     

    The president came to office by the rule of law and, however inconvenient, he must stick with it or overthrow it and take us back 34 years when he could rule as he pleased.

     

    In his piece entitled, “Rule of law: The president got it wrong“, Reuben Abati was spot on when he said, “In summary, the rule of law is about fairness, justice, equality, due process, accountability, impartial application of the law and proper administration of justice.”

     

    Governments, especially the executive arm, tend to forget that it is the rule of law that makes it possible, in the first place, to define what national security is. They think national security is what the man or woman in power says it is – and quite often, meaning personal loyalty, convenience and security.

     

    At a time, threat to national security was as ridiculous as the biblical Joseph refusing to sleep with Pharoah’s wife, Potiphar; as silly as which of the Isabellas married first in ancient Spain; or as puzzling as Galileo’s disagreement with the Inquisitors over the shape of the earth.

     

    It was the whim of the ruler, who was not just outside the rule of law, but was also a law unto himself. We were there 34 years ago – and for 28 years of the country’s history – when the powers of the court were emasculated by decrees and a cabal ruled as it pleased.

     

    But surely, that’s not where we are now. It’s a shame that the Bar conference is ending without anyone present in the hall on Sunday reminding the President that we’ve come too far to go back to the state of nature.

     

    Ishiekwene is the Managing Director/Editor-In-Chief of The Interview and member of the board of the Global Editors Network